The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-04

disposition or ownership Of the said in.
provements, yet he claims in explanation
OF his putting 80 much public money onS
his individual property, that he is NOT
charging the Taxing District any
rent for the use thereof and
also that he will consent that the
Taxing District may remove said
improvements, or q portion thereof. bnt
In this connection the complainant is also
informed, from other sources, that the de-
PENDANT MADDEN had collected for awhile
Tor his personal account and benfit rent
from the tenants occupying the above
residences built by the Taxing District.
and also that he has paid out OF the funds
OF the Taxing District taxes on his said
property, specifying in the warrant drawn
Tor their payment, as a commissioner that
they were paid and charged to the Taxing
District ''in lieu of rent OF said property;
and he thus appears, from this information,
sometimes to treat the said improvements
on his property rs his own as well as the
lot itself.
Complainant further states that even il
the said Hadden should consent for the
Taxing District to own and remove the
aforesaid improvements placed upon his
property it would be impracticable TO re-
move the great quantity of dirt hauled and
filled in there, because of the immense
expense attending it, and il would be i'm
possible to remove the piling driven in the
ground; and the removal of the sheds.
stables and residences would practically
involve their destruction, even il the Tax
ing District had any place to which they
could be removed; and in any event, the
removal OF said dirt, piling, sheds, stables
and residences would work irreparable
damage to said Taxing District.
Complainant further states and charges.
without reference TO the motives of the
said ID. p. Hadden in thus expending sew
eral thousand dollars OF the Taxing District
money on his private property, that the
same is manifestly illegal and prohibited by
law; that the said public money, under
the foregoing facts, is now in great jeopardy,
owing TO the accidents of life and the un.
certain duration of Office; and that resti-
tuition or repayment OF the money thus
illegally appropriated ought to be made at
once to said Taxing District, or that said
Taxing District should Immediately
be protected and secured against loss
in the premises Efforts TO adjust this
matter have, up to this time, proved I'M
ayailing-the defendant, IIadden, having
thus far only indicated a willingness TO
permit the Taxing District to remove the
improvements placed upon his property,
or 4 portion thereof, which offers or sug-
gestions are impossible TO be carried out,
and would, for the reason stated above,
involve the Taxing District in great loss
OF money and occasion it irreparable in
jury. And, besides, complainant sub
mits that as the defendant, MADDEN, has
improved his private property with pub
lie money in his own wrong, he cannot
now, either legally or equitably, ask that
the Taxing District shall suffer any loss
on that account but that his clear duty Is
TO make immediate restitution or repay
ment Of all the money OF the Taxing Dis
trict which he has expended ON his said
property, and that nothing short of this
will meet either the legal, moral, or equta-
BILE aspects Of this case. Complainantpr ays,
premises considered, that the defendant,
ID. p. Hidden, be served with process as
required By law requiring him TO answer
the allegations Of this bill by the next legal
rule day OF this court, but not under oath
his oath being hereby waived.
THAT, upon the hearing the case Stated
in this bill shall be fully examined, and
that the rights Of the defendant and Of tho
Taxing Distinct shall be thoroughly adjtr
Dictated and determined. L.
THAT a decree shall be entered and
rendered herein in behalf OF the COM
plainant for the use OF the Taxing Dis
trict, and II its specific department to
which the same may belong, against the
defendant for all OF the money with in
terest thereon belonging TO said Taxing
District, which has been improperly and
illegally expended on the lot owned
by the defendant, ID. i. MADDEN, and
that lac be required Immediately TO repay
said amounts so expended into the hands
Of the county trustee OF Shelby county for
the benefit Of said Taxing District.
That, in default thereof, decree shall
be entered herein declaring lien on the
property hercinbcfore described for the
debt hercinbeforc set up. and subjccting
the said property TO the payment Of the
same"